When Can a Reasonable Accommodation Be Denied?

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Reasonable accommodations allow people who have disabilities to get their job done. That is why the American With Disabilities requires that businesses make reasonable accommodations for their employees. However, there are some cases when a reasonable accommodation may be denied.

You Do Not Have A Qualifying Disability

You need to be able to prove that your disability requires a long-term accommodation. For example, if you break your arm, then your employer may not want to make an accommodation for you because it will eventually heal. They have to consider the extent of your disability when they are making the accommodation.

You Do Not Have the Medical Documentation

Your employer is not required to take your word that you have a disability. They have a right to ask for medical documentation.

You Are Able to Perform the Job Without the Accommodations

Your employer does not have to grant your request if you can perform your job without it. They may also not grant your request if it is impossible to perform your job with the accommodation that you request.

It Will Create an Undue Hardship

An undue hardship is any accommodation that will create a major problem if it is implemented. For example, your employer may not be able to make the accommodations if it is not within their budget to do so. They cannot implement the accommodation if it will cause a health or safety hazard in the workplace.

Filing an Appeal

If you do not agree with your employer’s decision, then you do have the ability to file an appeal. It is a good idea to talk to someone with the human resources department before you file an appeal. You may also want to review the employee handbook. Your employer may have a formal process that you have to go through in order to file an appeal.

You can send an email to the human resources department if there are not any formal forms that you have to fill out. You should consider the following when you are filing an appeal.

  • You should ask your employer to explain to you why the appeal was denied. Both of you may be able to come to a solution that works for everyone.
  • Make a list of alternative accommodations if they are unable to make the ones that you previously requested.
  • Get legal help and reach out to advocacy support groups for help.

When to Hire An Attorney

There may be legitimate reasons for why your employer cannot make the accommodations. However, you may be a victim of discrimination. This is forbidden by the Americans With Disabilities Act. That is why if you feel that you were unfairly denied the accommodations that you requested, then you should reach out to an attorney.

There are both state and federal laws that protect you. The attorney will make sure that you understand all of those laws and how they can affect you. They will also help you file a claim against your employer if discrimination occurred.

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